So much depends on the judge, the PO, and your lawyer. But, remember, if the PO alleges that you have violated probation by committing a new offense, he or she has to prove that. Keep in your mind the difference between proof that you were charged with a new offense (which is enough to start the probation violation process only), and proof that you actually committed the new offense (which is required for a finding that you violated probation). There are essentially three ways that the PO can prove that you violated probation by committing a new offense: 1. if you admit it, 2. if you have plead or been found guilty of the new charge, 3. by having an witnesses to the new charge (probably a cop in this case) come testify at the probation hearing. A nolo plea to the new charges is not proof of the new offense for probation violation purposes (fellow attorneys see Bolden v. State, Ga. SCt. S01G1712, 5-13-2002). I think you need to consult with a lawyer who practices regularly before the judge who has you on probation. Good luck.
If you only have 3 months left on probation that is the maximum amount of time they can send you back to jail.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
You will do up to the maximum time remaining on your sentence. Hire the best lawyer you can afford, and follow that attorney's advice.
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